Port Tobacco times, and Charles County advertiser., 1887-06-03
Clrcuif Court.

-
State vs. John Benjamin Biseoe was in progress.
The case was continued through Friday and
Saturday The evidence in this case was al
most identical with that addueed at the last
trial and open 10 the same oi jectons 10y counsel.
Much OF the time of Il court was consumed in
the arguments OF counsel on objections made to
| the testimony offered. SOme new testimony,
| however, was brought out at this trial; the
6rst being that Of Capt. Jas. L. Wreten, who
SD id that he saw the bo.t Of Capt. Dixon leave
Washington on its fatal trip md that there was
no one on board hut the Captain and the pri-
soner Sheriff Philip F. Greeawell, of ST.
Mary's county, testified that soon after the ar
rest of Biscoe in LeonsrdtOwp, be went TO the
Jail 10 get from him 3 accurate description OF
the tki,d msn ho VAS reperted to have teen
on the boat and 10 have done the XII ling, in
order tina, he mipht appr.heAd him, and that
wh,n he a.ked the prisoner about it Biscoe
stated that thsre WAS no other man on the boat
and that be (Biscoe) had done the killing
After len. thy and earnest argument from
Judge M.krud.r and Senator Ed.len, fer de-
fensr. and States Attorney Hammett. for the
State, the court decided that its was admissible
to 20 to the jury a state meni made by the Fr-
soner TO Sheriff Simpson on the sight Of his
con vic,ion at last November term of court.
Sheriff Simpson then testified to the conft ssien
made to bin at that time, in " hich Biscoe sd-
mi,t, d the killing and recoun,sd to him how
it was done. This confession ~ss ids ntical TO
those heretofore made BY the prisoner, in hieb
he said be killed Capt. Dixon in the Potomac
river on Sunday morning with a stick OF cord
| wood by knocking bim in the head and throw
ing him overheard. 1t Vas then admitted in
evidence q similar &C nfession ma de to Lieut.. H.
Heber Boswell. and one made TO Leigh
Southerland, foreman Of the jury which first
convicted the accused. The State here rested
its case. TIE defense offered but little testimony
beng chiefly to the former good character Of
the prisoner and the presence in ST. Mary's
county soon after the murder, ,ofs man answer
ing the description of the supposed third part,
who was on the boat at the time the murder
was committed. At O'Clock on Saturday
afternoon the argument before the jury WAS be
gun, and at s:35 0 o'clock the case as given to
the jury, who retired. At lO:30 O'Clock the.
returned 10 the court reom, having agreed on
q verdict, and upon beisg called rendered
verdict Of guilt, efmurder il the hrsi degree,
but reeonmes esded the pIisensr 10 ,be mercy OF
the court. Judge nagrudsr At oncr made =
motion for arrest Of judgment. The prisoner
received the verdict With ssolidness and indif-
ference and DO show of emotion was visible
either 10 bis counienarc or sc,iors
Konaoy.-Counsei fer Bise oe made q n,siion
for new trial this morning, en- The following
grounds:
Il. Because the verdict was eoatrsry 10 th.
evidence
-. Because Of erroneous sd mission of aIleg
ed statements of the prisoner.
''3. Bee use Of the discovery since The irisl
of sew evidence tending TO show the insanit,
OF The prisoner.
~ Because the verdict OF the jury is
against the law spsiica ble to the case.
.'5. Bsc.u.e OF other good and sufi ,i.ni
reasons to be present. at the hearing u this
notion
The court over pled the molten, " ben a mo-
,ion for the arrest of judgment ~ss argued on
the following grounds:
81 Because the Circuit Court for ST. Mary.
county, where this cause originated, has 90
jurisdiction.
% Because there is ne jurisdiction in thn
county to hear, try or determine this case.
%. Because. although The prisoner by bis
eovssel made and filed in the Circuit Cour, ior
St. Mary's county = suggestion aud affidavit
Tor the removal OF this cause, yet while the
casse MAS still pending in the snld olrt, and
before any valid order for the removal Of the
cause TO ssme other court for Trial. the prisoner
withdres the said sux gesiion and stfdasit i,r I
removal, and SO this court has no Jurisdiction /
in the premises, and the trial aud conricIion |
herein are wholly null and void, aud can give |
this court no power 10 pass any sentence what
ever upon lhe prisoner.
"a. Because before the trial the prisoner
moved the court to rena nd tbs case TO The CIR !
cult Court for St. Mays COUNTY.
''5. Because the Indictment 10 y holly with |
out validity. and The prisoner. before the iTisi,
deDurred thereto, and the court enormously |
gave -dgment thereon sg.isst prisoner"
This Was also oserruled by the court, when |
notice was given th.t exceptions would b-
filed and the case again carried 10 the Court OF
Appeals. Jsdse Maxrsder VAS given until
the July term 10 prepare bis bill Of exceptieas.
10 this connection ~e would state that S-oa-
tor Edelen has wi,hdrawn from the defense OF
the eas., stating that .s The man had bees
twice convicted by SEPARATE jiriss, after fair
and impartial trisls, be did rot believe that
the ends Of justice could be sutserved by any
further delay or litigation Of the cause.
The case Of State W JohB Edsltn, celored,
Was then called. Edelen was indicted for The
isrcssy Of saddle and bride from DIR. G. o.
Monroe, Of Waldorf. He con fessed guilty and
vas sentenced to the House OF Correction for
one year. Wilmer for State, Mudd for defense
State W. Frank Matthews, eolorsd, indicted
fer the larceny Of cletbing fiom Pearl Smith.
Plea of not guilty confessed by the State and
prise ner discharged.
State vs.. Richard Holmes, tolorsd, indicted
for being accessory TO the lsr.ny Of pocket
took containing SIS fro. John H. Butler,
coIored. Tried BY jury, but the plea Of not
guilty confessed by the State before the con.
ciusion of trial. Wilmer for State, Edelen and
Posey for defense.
State vs.. Henry Holmes, eolored, indicted for
same o1ense ss above. Tried by jury, found
guilty and sentenced TO the county jsil for 10
days. Wilmer for State, Edslen and Posey for
defense.
State vs. John 8. Beslle, indicted for selling
without license. Confessed guilty and was
sentenced to pay 6ae Of $40.
State vs. Edward Brown, colored, indicted
for the larceny of hog from Hon R. h. Edelen.
Tried by jury, found guilty and sentenced TO
the penitsntiary for one year. Wilmer for
State, Muschette for defense.
Tuesd,y.-Court called at the usual hour
with fall bench in tendance. The FIRST case
called wss that of State ". William Green,
colored, indicted for the larceny Of clothing
from the store of Wm ], Norris. Tried by The
court and found not guilty.